M/S Alwaye Fertiliser Industries ... vs Kerala State Electricity Board @ ...
2022 Latest Caselaw 8473 Ker

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                          THE HONOURABLE MR. JUSTICE AMIT RAWAL
                WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                                 WP(C) NO. 20805 OF 2022

PETITIONER/S:
                M/S ALWAYE FERTILISER INDUSTRIES (P) LTD.
                KEEZHMADU, ALWAYE, PIN - 683 105. REPRESENTED BY ITS DIRECTOR SHRI.
                SAFEER ABDUL KHADER


                BY ADV K.N.CHANDRABABU



RESPONDENT/S:
      1       KERALA STATE ELECTRICITY BOARD @ ORS.,
              REGISTERED OFFICE: VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-
              695001 REPRESENTED BY ITS SECRETARY

      2         THE SPECIAL OFFICER (REVENUE)
                OFFICE OF THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY
                BOARD LTD VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM- 695001

      3         THE DEPUTY CHIEF ENGINEER,
                ELECTRICAL CIRCLE, KSEB, ERNAKULAM.

      4         THE VILLAGE OFFICER,
                KEEZHMADU, ALUVA, PIN - 683 105.

      5         THE DEPUTY TAHSILDAR,
                .ALUVA TALUK, ERNAKULAM DISTRICT


      6         THE DISTRICT COLLECTOR,
                ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANADU,PIN - 682030

      7         *ADDL.R7.THE CHAIRMAN AND MANAGING DIRECTOR
                KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM,
                THIRUVANATHAPURAM -695001.
                *(ADDL. R7 IS IMPLEADED AS PER ORDER DATED 1/7/2022 IN I.A. 1/2022 IN
                WPC 20805/2022)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20805 OF 2022
                                        2


                               JUDGMENT

Challenge has been laid to the order Exts.P7 and P8 dated

23.5.2022 and 6.6.2022 issued by the Deputy Tahsildar under

Section 7 and 34 of the Revenue Recovery Act for non payment of

the arrears of electricity.

2. Petitioner is a Company incorporated under the

Companies Act and had been dealing with production of Magnesium

Sulphate, micronutrient fertilizer for the growth of the plant. For

the process of cycles, it takes a minimum of 36 hours which

requires an uninterrupted power supply. However in the year

1996, there was a power cut and the petitioner's electric connection

was disconnected in 1997. In 1996 a representation was made for

fixing the monthly quota and of not taking the penal action but of no

avail. It is contended that the respondents cannot raise the demand

of 1996 as it is barred under the provisions of Electricity Act.

Respondents came out with a one time settlement scheme valid

from 21.3.2022 to 20.5.2022 but there was no wide circulation or

publication of the same and petitioner could not avail the same in

time and when came to know about the fact, a representation

Ext.P11 dated 29.6.2022 has been submitted to the Chairman and

Managing Director.

WP(C) NO. 20805 OF 2022

3. Mr.B Premod, learned counsel appearing for the

respondent submitted that the period of the scheme is over but the

representation can be considered in view of the fact that the

arrears are of 1996. As per the judgment of the Division Bench of

this Court the limitation can be confined to 12 years as per Article

62 of the Limitation Act. But would not be averse in taking a call, in

case any order or direction is issued by this Court.

I have heard the learned counsel for the parties and appraised

the paper book. Concededly the respondents had come out with

one time settlement scheme valid from 21.3.2022 to 20.5.2022.

However from the records available, this Court has not been

apprised whether there was a wide circulation or notification so

that the people could opt and get away with the arrears by paying

lesser amount than the one due against them. The electric

connection was disconnected in 1997 and now has attempted to

revive and pay off the arrears and submitted a representation

Ext.P11. I am of the view that the respondents are required to take

a call on the representation unhindered by the fact that the scheme

was not widely circulated and brought to the notice of the effected

parties like the petitioner and decide the same in accordance with

law and the scheme, after affording an opportunity of hearing. Let WP(C) NO. 20805 OF 2022

this exercise be undertaken within a period of two months from the

date of receipt of a certified copy of the judgment. Till such time,

the operation of Exts.P7 and P8 is ordered to be kept in abeyance.

Sd/-

sab                                        AMIT RAWAL

                                              JUDGE
 WP(C) NO. 20805 OF 2022



                          APPENDIX OF WP(C) 20805/2022
PETITIONER EXHIBITS:

Exhibit P1                A TRUE COPY OF THE BOARD ORDER NO. 261/96
                          PLG.COM.2920/96 DATED 05.02.1996

Exhibit P2                A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE

PETITIONER DATED 3-5-1996 ADDRESSED TO THE SPECIAL OFFICER, REVENUE

Exhibit P3 A COPY OF THE LETTER DATED 6-10-1997 ALONG WITH THE ANNEXURE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.HTB.20/1984 DATED 06.11.1997 ISSUED BY 2ND RESPONDENT DIRECTING THE PETITIONER TO PRODUCE A CERTIFICATE TO THE EFFECT THAT THE COMPANY IS UNDER LAY-OFF

Exhibit P5 A TRUE COPY OF THE LETTER SENT BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT ON 18.11.1997 ENCLOSING THE CERTIFICATE ISSUED THE DEPUTY LAB OUR COMMISSIONER

Exhibit P6 A TRUE COPY OF THE LETTER DATED 30.12.2014 SENT BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P7 A TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY TAHSILDAR UNDER SECTION 7 OF THE REVENUE RECOVERY ACT NUMBERED AS RRC NO1021/3091/01 DATED 23.05.22

Exhibit P8 A TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY TAHSILDAR, UNDER SECTION 34 OF THE ACT RRC NO1021/3091/01 DATED 25.05.22 TO THE PETITIONER WHICH WAS SERVED ON THE PETITIONER ON 06.06.2022

Exhibit P9 A TRUE COPY OF THE INVOICE NO. 20/1984/JAN/2001 FOR THE MONTH OF JANUARY DATED 12.02.2001

Exhibit P10 A TRUE COPY OF THE OBJECTION DATED 12.06.202 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM .

Exhibit P11 A TRUE COPY OF THE PRESENTATION DATED 29/6/2022 SUBMITTED BY THE PETITIONER COMPANY BEFORE THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAMPATTOM, THIRUVANANTHAPURAM